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HomeMy WebLinkAbout1992/08/17 - ADMIN - Minutes - City Council - Regular- 1111 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 17, 1992 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations Mayor Hanks read a proclamation for National Beep Baseball . The proclamation was accepted by Butch Amundsen, Minnesota Beep Baseball tournament director and Dr. Ed Bradley, Houston, President of the National Beep Baseball Association. 3. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Gail Dorfman and Lyle Hanks. Staff present were the City Manager (Bill Dixon) , City Attorney (Lee Sheehy) , 411 Director of Public Works (Jim Grube) , Director of Finance (Harlan Syverson) and Director of Community Development (Dave Hagen) . 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the minutes of the August 3, 1992 minutes with the following change: pg. 95, second to last paragraph of item 9b, change "adamant" to "requested." The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the Council study session minutes of August 10. The motion passed 6-0-1 (Councilmember Meland abstained) . 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the agenda for August 17. The motion passed 7-0. PUBLIC HEARINGS 6a. Request for taxicab license111 Application of Blue and White Service Corp. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to continue the hearing to September 8, 1992. The motion passed 7-0. -99- City Council meeting minutes August 17, 1992 6b. Comprehensive Plan amendment Change land use designation Resolution 92-124 from C, Commercial , to R50, High Density Residential , at 3601 Park Center Blvd. (assisted living project) Mike Gould, G & P Properties, addressed the Council . He noted the Planning Commission wants to see the park trail system remain intact. He displayed a drawing of proposed alternatives he and his architect have developed. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt Resolution 92-124 entitled "A resolution approving an amendment to the Comprehensive Plan 1990 to the Year 2010 for the City of St. Louis Park under Minnesota Statutes 462.351 to 462.364" and deleting reference to the trail as illustrated on Exhibit A. The motion passed 7-0. 6c. Amendment to zoning ordinance Sign section: Banners There being no one wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. Councilmember Friedman asked if Miracle Mile had been notified this was on the agenda. Mr. Dixon said he had spoken with Greg Amundson, manager of Miracle Mile, who was pleased with staff's recommendation. Councilmember Mitchell asked if banners would be allowed on light polls. Mr. Sheehy said they would to the extent the light polls were part of parking lots. Mr. Hagen said light polls on private property could accommodate banners; light polls in the right-of-way could not. Councilmember Dorfman had concerns about the City's Zoning Administrator getting involved in design standards and having to make subjective judgments on design standards. Mayor Hanks asked if an appeal process was incorporated into the amendment. Mr. Hagen said any decision of the Zoning Administrator can be appealed to the Council . Councilmember Mitchell was concerned about potential proliferation of banners up and down the streets. Were there any restrictions? Mr. Hagen spoke to the special provisions of the proposed ordinance which lists the restrictions on posting of banners. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to approve Option 2 of staff's report, approve first reading and set second reading for Sept. 8, 1992 and authorize summary publication. The motion passed 6-1 (Councilmember Dorfman opposed) . -100- PETITIONS, REQUESTS, COMMUNICATIONS 7a. TwinWest Chamber of Commerce Request for temporary signage 111/ It was moved by Councilmember Meland, seconded by Councilmember Friedman, to approve the request. The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. Transfer of funds Salary adjustments: I.A.F.F. Local 993 Ordinance 189Z-9Z It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Ordinance No. 1892-92 entitled "Ordinance transferring funds for the 1992 I.A.F.F. Local 993 labor agreement." The motion passed 7-0. 8b. Liquor/beer at Rec Center Second reading of an ordinance permitting It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to defer this item to September 8, 1992. The motion passed 7-0. 8c. Nelson variance appeal David Nelson, 2033 So. Virginia III Mr. Nelson was requesting a rear yard variance of 30 ft. rather than the required 35 ft. Letters from his three neighbors concurred with his request. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to authorize preparation of a resolution of approval for reading at the Sept. 8, 1992 meeting. The motion passed 7-0. 8d. Variance appeal Reginald Gassen, 4501 Minnetonka Blvd. Mr. Gassen addressed the Council giving details about his building's parking difficulties and why he was requesting a variance. Councilmember Friedman excused himself from the vote on this item as he was the listing agent for this property. Mr. Hagen said BOZA denied a zero ft. setback but did grant a variance of 9 ft. Councilmember Haun said it was the City' s desire to get as much parking off the street as possible. It was moved by Councilmember Haun, seconded by Councilmember Meland to authorize III preparation of a resolution approving a 0 ft. setback for reading at Sept. 8, 1992 meeting. The motion passed 5-0-1 (Councilmember Jacobs abstained) . -101- City Council meeting minutes August 17, 1992 8e. Benilde St. Margaret' s Construction of a pylon sign 19.5 lir Resolution 92-125 ft. tall It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Resolution 92-125 entitled "A resolution rescinding Resolution 85-72 adopted on May 20, 1985 and granting special permit under Section 14-123.100(2) of the St. Louis Park Ordinance Code relating to zoning to allow construction of a pylon sign 19.5 ft. in height and permit a total sign area of 200 sq. ft. at 2501 State Highway 100." The motion passed 7-0. 8f. Youngsted's Amoco Request to extend car wash 10 ft. Resolution 92-126 It was moved by Councilmember Meland, seconded by Councilmember Friedman, to adopt Resolution 92-126 entitled "A resolution rescinding Resolution 85-105 adopted on July 15, 1985 and granting special permit under Sections 14-156(5) (15) (18) of the St. Louis Park Ordinance Code relating to zoning to allow a ten ft. extension to the existing car wash at 5925 Excelsior Blvd." The motion passed 7-0. 8g. State imposed water connection fee First reading of ordinance It was moved by Councilmember Meland, seconded by Councilmember Friedman, III to table. The motion passed 5-2 (Councilmember Mitchell , Mayor Hanks opposed) . 8h. State imposed water connection fee Resolution opposing Resolution 92-12T It was moved by Councilmember Meland, seconded by Councilmember Friedman, to adopt Resolution 92-127 entitled "Resolution protesting the State-mandated water service connection fee on St. Louis Park." The motion passed 7-0. Mayor Hanks said he would support this item, but could not support the motion on 8g because he felt the City should be moving on this and he questioned how much money should be taken out of the water fund. Councilmember Friedman noted there was a 5% late fee; on the other hand, there is enough time for more protests to be heard and maybe the State will back off. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to submit Councilmember Meland's name to the State to serve on its proposed ad hoc committee. 111 The motion passed 7-0. -102- City Council meeting minutes August 17, 1992 111 :I 8i . Win Stephens Drive First reading of ordinance changing a portion of W. 24th St. to Win Stephens Drive It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve first reading, set second for Sept. 8, 1992 and authorize summary publication. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. EVP systems Supplemental agreement with Hennepin Resolution 92-128 County It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 92-128 entitled "Resolution authorizing the execution of supplemental agreement No. 1 to Agreement No. PW-31-05-90 between the City of St. Louis Park and Hennepin County for the operation of emergency vehicle pre-emption system on Hennepin County traffic signal systems." The motion passed 7-0. 9b. Nortel Cable Response from Nortel Cable re cost of providing Midwest Sports Channel All Councilmember Friedman referenced the minutes of the Cable TV Advisory Commission in which the commission strongly condemned the rate increase imposed by Nortel TV and strongly recommends the St. Louis Park City Council further investigate the rate increase and demand that Nortel give full disclosure in accordance with the St. Louis Park cable tv franchise. It was his opinion Nortel had violated the terms of the franchise with the City. Apparently it is Nortel ' s opinion that since the City can't regulate rates, the City had no right to inquire about rate structures. He felt it was reasonable for the City to inquire and make an assessment as to whether or not the City should ask for legislation from its Federal representatives. The City needs to have the information to do that as allowed under the franchise. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to employ an attorney that is versed in cable tv and at a minimum ask that attorney to determine, as inexpensively as possible, as to whether or not Nortel has breached the terms of its franchise agreement with the City. Mayor Hanks was concerned that the City not get involved in some large legal fees for, as he perceived it, what was really not very complicated: show him the correspondence we've had plus any other relevant materials for evaluation. Councilmember Friedman said the intent of his motion was to keep it simple. He thought a $1 ,000 cap would be appropriate and to so incorporate into the III motion which was agreeable to the second. The motion passed 7-0. -103- City Council meeting minutes August 17, 1992 UNFINISHED BUSINESS 10a. Boards and commissions Mayor Hanks said interviews for the Human Rights Commission will be held on Mon. , August 31 . NEW BUSINESS lla. W. 28th St. reconstruction Bid tabulation: Reconstruction of Resolution 9Z-129 W. 28th St. from Jordan east to cul-de-sac and Monterey Dr. from W. 38th to Belt Line Blvd. By consent, adopt Resolution 92-129 entitled "Resolution accepting bid and authorizing execution of a contract for improvement project 90-22 and 88-27; construction of W. 28th St. from Jordan Ave. east to cul-de-sac and for construct- ion of Monterey Dr. from W. 38th to Belt Line Blvd." 11b. Street lighting Bid tabulation: Street lighting on Resolution 9Z-130 south frontage road of 1-394 from Texas to Utica By consent, adopt Resolution 92-130 entitled "Resolution accepting bid and authorizing execution of a contract for improvement project No. 89-09: Installa- tion of street lighting along the south frontage road of 1-394 from Texas Ave. to Utica Ave." llc. Watermain/storm sewer Bid tab for construction Resolution 9Z-131 By consent, adopt resolution 92-131 entitled "Resolution accepting bid and authorizing execution of a contract for improvement projects 92-08, 92-06 and 90-53: Monterey Ave. watermain, W. 24i St./Webster Ave. storm sewer and T.H. 169 Watermain looping. MISCELLANEOUS 12a. Damage claims Patricia Wolkmar Delores Williams Meggan Alexander By consent, claims referred to to City Clerk and City Manager 12b. Communications from the Mayor Mayor Hanks said he received a letter from Tom Peterson asking to address the Council prior to its Aug. 31 study session. The Transportation Advisory Board seeks members. Councilmember Mitchell is currently a member Association of Metropolitan Municipalities is meeting in City Hall on Aug. 25. This meeting concerns a governance report. Regional Transit Board is looking for city officials to serve on an advisory committee. -104- City Council meeting minutes August 17, 1992 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Vendor claims By consent, vendor/payroll claims list prepared by the Director of Finance dated August 17, 1992 was approved and checks in the appropriate amounts authorized to be distributed: Vendor claims: $376,836.59 and payroll claims $45,343.79. 14. Adjournment The meeting adjourned at 8:50 p.m. Gl/ Mayor 1(3-42-- ecor in ecre try9 -105-